The Haryana Municipal Corporation Act, 1994 (16 of 1994).
Haryana · state statute
Open in Lexace · Ask the AI about this act[1994 : Hr. Act 16 MUNICIPAL CORPORATION 373 THE HARYANA MUNICIPAL CORPORATION ACT, 1994 (HARYANA ACT NO. 16 OF 1994) Table of Contents CHAPTER-1 PRELIMINARY Sections: 1. Short title, extent and commencement. 2. Definitions. 3. Declaration of Municipal area as Corporation. 3A. Power to abolish Corporation. CHAPTER-II CONSTITUTION OF CORPORATION 4. Incorporation and Constitution of Corporation. 5. Duration of Corporation. 6. Fixation of seats of Corporation. 6A. Bar to interference by Courts. 6B. Time limit for delimitation and reservation of wards. 7. Qualifications for Mayor and members. S. Disqualifications of Mayor and members. SA. Restriction on simultaneous or double membership. SB. Disqualification for failure to keep account of election expenses and maximum thereof. Sc. Making false declaration. SD. Application of certain sections of Central Act 43 of 1951 to HaryanaAct 16 of1994. SE. Disqualification for failure to lodge account of election expenses. SF. Removal or reduction of period of disqualification. 8G Lodging of account with Deputy Commissioner. 9. Election to the Corporation. 10. Constitution and composition of Wards Committees etc. 11. Reservation of seats. 12. Right to Votes. 13. Filling of Casual Vacancies. 14. Publication of results of elections. 15. Election petitions. 16. Relief that may be claimed by petitioner. 17. Grounds for declaring election to be void. 374 MUNICIPAL CORPORATION 1994 : Hr. Act 161 18. Procedure to be followed by prescribed authority. 19. Decision of prescribed authority. 20. Procedure in case of equality of votes. 21. Finality of decision. 22. Corrupt practices. 23. Maintenance of secrecy of voting. 23A. Voting machines at elections. 24. Officers etc. at elections not to act for candidates or to influence voting. 25. Prohibition of canvassing in or near polling station and of public meeting on election day. 26. Penalty for disorderly conduct in or near Polling Station. 27. Penalty for misconduct at the Polling Station. 28. Breaches of official duty in connection with election. 28A. Breach of official duty in connection with preparation of eletoral poll. 29. Removal of ballot papers from polling station to be an offence. 30. Offence of booth capturing. 31. Other offence and penalties. 32. Power to make rules regulating the election of Mayor and members. 33. Oath of affirmation by Mayor or member. 34. Removal 0 f and resignation by Mayor or member. 34A. Suspension of Mayor or member. 34B. Removal of Mayor or member having any disqualification at time of election. 34C. Removal of an elected Mayor or member who fails to lodge election expenditure statement. 34D. Review. 35. Payment of allowances to members. 36. Election of Senior Deputy Mayor, Deputy Mayor and their term of office. 36A. Facilities and powers of Mayor. 37. Removal of Senior Deputy Mayor and Deputy Mayor. 37A. Suspension of Senior Deputy Mayor or Deputy Mayor. 38. Discharge of functions of the Mayor. 39. Resignation of Deputy Mayors. 40. Adhoc Committees. CHAPTER-ill FUNCTIONS OFTHE CORPORATION 41. General Powers of Corporation. 42. Functions of Corporation to be entrusted by the Government. 43. Obligatory functions of Corporation. [1994 : Hr. Act 16 MUNICIPAL CORPORATION 375 44. Discretionary functions of the Corporation. CHAPTER-IV MUNICIPAL AUTHORITIES UNDER THE CORPORATION 45. Appointment of Com missioner. 46. Salary and allowances of Commissioner. 47. Leave etc. of Commissioner. 48. Contribution by Corporation. 49. Functions of the Commissioner. 50. Power of Corporation to require Commissioner to produce documents and furnish returns, reports etc. 51. Exercise of powers to be subject to sanction. CHAPTER-V PROCEDURE TRANSACTION OF BUSINESS BYTHE CORPORATION 52. Meetings. 53. First Meeting of Corporation after general elections for election of Mayor. 54. Notice of meetings and business. 55. Quorum. 56. Presiding Officer. 57. Method of deciding question. 58. Maintenance of order at and admission of public to meetings, withdrawal and suspension of members. 59. Member not to vote on matter in which he is interested. 60. Right to attend meetings of Corporation and its Committees etc. and right of members to ask questions in relation to the administration of Municipal area. 61. Power to make regulations. 62. Presiding Officer at meetings of adhoc Committees. 63. Keeping of minutes and proceedings. 64. Circulation of minutes and inspection of minutes and reports of proceedings. 65. Forwarding minutes and reports of proceedings to the Government. 66. Validation of proceedings etc. CHAPTER-VI CORPORATION OFFICERS AND OTHER CORPORATION EMPLOYEES 67. Posts in Corporation and appointments thereto. 68. Officers and other employees not to undertake any extraneous work. 376 MUNICIPAL CORPORATION 1994 : Hr. Act 161 69. Officers and other employees not to be interested in any contract etc. with Corporation. 70. Punishment of Corporation Officers and other employees. 71. Power of Corporation to make regulations. CHAPTER-Vll REVENUE AND EXPENDITURE 72. Constitution of Corporation Fund. 72A. Constitution of Services to Poor Fund. 73. Corporation Fund to be kept in treasury or in a nationalized bank. 74. Operation of account with banks. 75. Payment not to be made unless covered by a budget grant. 76. Duty of persons signing cheques. 77. Procedure when money not covered by a budget grant is expended. 78. Application of Corporation Fund. 78A. Utilization of servies to Poor Fund 79. Payments from Corporation Fund for works urgently required for public service. 80. Investment of surplus money. 81. Constitution of special funds. 82. Finance Commission. 83. Budget estimates. 84. Power of Corporation to alter Budget estimates. 85. Power of Corporation to readjust income and expenditure during the year. 86. Provisions as to unexpended budget grant. CHAPTER-VITI TAXES AND FEES 87. Taxes etc. to be imposed by Corporation under this Act and arrangement of certain taxes collected by Government. 87A. Self assessment of tax. 87B. Deposit ofproperty tax. 87C. Penalties. 88. Fees that may be charged by the Corporation. 89. Components and rates of taxes of lands and buildings. 90. Premises in respect of which water tax or charges and fire tax are to be levied. 91. Determination of rateable value oflands and buildings assessable to taxes. [1994 : Hr. Act 16 MUNICIPAL CORPORATION 377 92. Taxation of Union properties. 93. Incidence of tax on lands and buildings. 94. Apportionment ofliability of taxes on lands and buildings when premises assessed are let or sublet. 95. Recovery of taxes on lands and buildings from occupiers. 96. Taxes on lands and buildings a first charge on premises on which they are assessed. 97. Property list. 9S. Evidentiary value of assessment list. 99. Amendment of assessment list. 100. New Property list. 101. Notice of transfers. 102. Notice of erection of buildings etc. 103. Notice of demolition or removal of building. 104. Power 0 f Commissioner to call for information. 105. Premises owned by or let to two or more persons in severalty to be ordinarily assessed as one property. 106. Assessment in case of amalgamation of premises. 107. Power of Commissioner to assess separately out houses and portion of buildings. lOS. Power of Commissioner to employ valuers. 109. Levy of Octroi or tax levied in lieu of Octroi. 110. Power to examine articles liable to Octroi. 111. Power to search where Octroi leviable. 112. Penalty for evasion of Octroi. 113. Recovery of toll or taxes. 114. Tax on Vehicles and animals. 115. Tax on whom leviable. 116. Exemption from taxes on vehicle and animals. 117. Levy 0 f development tax. 118. Amount of development tax. 378 MUNICIPAL CORPORATION 1994 : Hr. Act 161 119. Payment of development tax. 120. Assessment of development tax. 121. Fee on advertisements. 122. Prohibition of advertisement without written permission of Commissioner. 123. Permission of Commissioner to become void in certain cases. 124. Presumption in case of contravention. 125. Power of Commissioner in case of contravention. 126. Fee on building applications. 127. Time and manner of payment of taxes or fees. 128. Presentation of bill of tax or fee. 129. Consequences of failure to pay tax or fee within thirty days. 130. Manner of recovering tax or fee. 131. Power of seizure of vehicles and animals in case of non-payment of tax thereon. 132. Demolition etc. of building. 133. Remission of tax on unoccupied building. 134. Power to require entry in assessment list of details of buildings. 135. Notice to be given of circumstances in which remission or refund is claimed. 136. What building etc. are to be deemed vacant. 137. Notice to be given of every occupation of vacant land or building. 138. Appeal against assessment etc. 139. Conditions of right to appeal. 140. Finality of appellate orders. 141. Taxation not to be questioned except under this Act. 142. Power to inspect for purposes of determining the property tax or tax or fee. 143. Composition. 144. Irrecoverable debts. 145. Obligation to disclose liability. 146. Amendment of property list. [1994 : Hr. Act 16 MUNICIPAL CORPORATION 379 147. Immaterial error not to effect liability. 148. Power of exemption. 149. Power of Government in regard to taxes. CHAPTER-IX BORROWING 150. Power of Corporation to borrow. 151. Time for repayment of money borrowed under section 150. 152. Form and effects of debentures. 153. Payment to survivors of joint payees. 154. Receipt by joint holders for the interest or dividend. 155. Maintenance and investment of sinking funds. 156. Application of sinking funds. 157. Annual statement by Commissioner. 158. Priority of payment for interest and repayment ofloans over other payment. 159. Attachment of corporation fund for recovery of money borrowed from Government. 160. Power to make regulations. 161. Property vested in Corporation and management of public institutions. CHAPTER-X PROPERTIES AND CONTRACTS 162. Request for acquisition of land by the Corporation. 163. Acquisition of immovable property by the Government. 164. Disposal of property. 165. Contracts by Corporation. 166. Procedure for making contracts. 167. Mode of executing contracts. CHAPTER-XI ACCOUNTSAND AUDIT 168. Maintenance of accounts and scrutiny thereof, by Examiner, Local Fund Accounts, Haryana and by Corporation. 380 MUNICIPAL CORPORATION 1994 : Hr. Act 161 169. Report by Examiner, Local Fund Accounts, Haryana. 170. Action by Commissioner on the report. 171. Procedure to be followed by Examiner, Local Fund Accounts, Haryana. 172. Power of Examiner, Local Fund Accounts, Haryana to make queries etc. and call for returns etc. CHAPTER-XU WATER SUPPLY, DRAINAGE AND SEWAGE DISPOSAL 173. Definitions. 174. Power to require Corporation to Carry out surveys and formulate proposals. 175. Power to construct additional works. 176. Function in relation to water supply. 177. Supp ly of water to connected premises. 178. Power to supply water for non-domestic purposes. 179. Making connections with municipal water works. 180. Obligation of owner or occupier to give notice of waste of water. 181. Cutting of Supply to premises. 182. New premises not to be occupied without arrangement for water supply. 183. Public gratuitous water supply. 184. Power to lay mains. 185. Power to lay service pipes etc. 186. Provision of fire hydrants. 187. Power of Corporation to require owners of premises to set up pumps etc. 188. Power to enter premises to detect waste or misuse of water. 189. Power to test water fittings. 190. Power to close or restrict use of water from polluted source of supply. 191. Water pipes etc. not to be placed where water will be polluted. 192. Joint and several liability of owners and occupiers for offence in relation to water supply. 193. Public drains etc. to vest in Corporation. 194. Control of drain and sewage disposal works. [1994 : Hr. Act 16 MUNICIPAL CORPORATION 381 195. Certain matters not to be passed into municipal drains. 196. Application by owners and occupiers to drain into municipal drain. 197. Drainage of undrained premises. 198. New premises not to be erected without drainage. 199. Power to drain group or block of premises by combined operations. 200. Power of Commissioner to close or limit the use of private drains in certain cases. 201. Use of drain by a person other than owner. 202. Sewage and rain water drains to be distinct. 203. Powers of Commissioner to require owner to carry out certain works for satisfactory drainage. 204. Appointment of places for the emptying of drain and disposal of sewage. 205. Connection with water works and drains not ot be made without permission. 206. Buildings, railways and private streets not to be erected or constructed over drains or water works without permission. 207. Rights of user of property for aqueducts, lines etc. 208. Power of owner of premises to place pipes and drains through land belonging to other persons. 209. Railway administration be informed in certain cases. 210. Power of Commissioner to execute work after giving notice to person liable to do so. 211. Power of Commissioner to affix shafts etc. for ventilation of drain or cesspool. 212. Power of Commissioner to examine and test drain etc. believed to be defective. 213. Employment of Government agencies for repairs etc. 214. Work to be done by license plumber. 215. Prohibition of certain acts. CHAPTER-XIII STREETS 216. Vesting of public streets in Corporation. 217. Functions of Commissioner in respect of public streets. 218. Disposal ofland forming site of public streets permanently closed. 219. Power to make new public streets. 382 MUNICIPAL CORPORATION 1994 : Hr. Act 161 220. Minimum width of new public streets. 221. Power to prohibit use of public streets for certain kinds of traffic. 222. Power to acquire land and buildings for public streets and for public parking places. 223. Defining regular lines of streets. 224. Setting back building to regular line of streets. 225. Compulsory setting back of building to regular line of streets. 226. Acquisition of open land and land occupied by platforms etc. within a regular line of streets. 227. Acquisition of remaining part of building and land after their portions within regular line of streets have been acquired. 228. Setting forward of buildings to regular line of street. 229. Payment of compensation. 230. Owners obligation when dealing with land or building sites. 231. Layout plans. 232. Alteration or demolition of street made in breach of section 231. 233. Power of Commissioner to order work to be carried out or to carry it out himself in default. 234. Declaration of public streets. 235. Prohibition of projection upon streets etc. 236. Projections over streets may be permitted in certain cases. 237. Ground floor doors, etc. not to open outwards on streets. 238. Prohibition of structures, fixtures or deposit of things in streets. 239. Special provision regarding streets belonging to Government. 240. Power to remove anything deposited or exposed for sale in contravention of this Act. 241. Prohibition of tethering of animals and milking of cattle. 242. Precautions during repair of streets etc. 243. Streets not to be opened or broken up and building materials not to be deposited therein without permission. 244. Disposal of things removed under this chapter. 245. Naming and numbering of streets. [1994 : Hr. Act 16 MUNICIPAL CORPORATION 383 246. Commissioner to take steps for repairing or enclosing places. 247. Measures for lighting. 248. Prohibition of removal etc. oflamps. CHAPTER -XIV BUILDING REGULATIONS 249. Definitions. 250. Prohibition of erection of building without sanction. 251. Erection of building. 252. Application for addition to, or repairs of building. 253. Conditions of valid notice. 254. Sanction or refusal ofbuilding or works. 255. When building or work may be procedeed with. 256. Sanction accorded under misrepresentation. 257. Buildings at corners of streets. 258. Provisions as to buildings and works on new side. 259. Period for completion of building or work. 260. Prohibition against use of inflammable materials for buildings etc. without permission. 261. Order of demolition and stoppage of building and works in certain cases and appeal. 262. Order of stoppage of building or works in certain cases. 263. Power of Commissioner to require alteration of work. 263A. Power to seal premises. 264. Completion certificate. 265. Restrictions on use of buildings and removal of dangerous buildings. 266. Power to order building to be vacated in certain circumstances. 267. Building Scheme. 267A. Regularization 0 f certain buildings. CHAPTER-XV SANITATION AND PUBLIC HEALTH 268. Provision for daily cleansing of streets and removal of rubbish and filth. 269. Rubbish etc. to be property of Corporation. 384 MUNICIPAL CORPORATION 1994 : Hr. Act 161 270. Provision for placement of receptacles, depots and places for rubbish etc. 270A. Use of Municipal Corporation, Government or private fund for the purpose of collection and disposal of solid waste. 271. Duty of owners and occupiers to collect and deposit rubbish etc. 272. Removal of rubbish etc. accumulated on premises used as factories, workshop, etc. 273. Prohibition against accumulation of rubbish etc. 274. Commissioner's power to get premises scavenged and cleansed. 275. Public latrines, urinals etc. 276. Constructions of latrines and urinals. 277. Latrines and urinals etc. in new buildings. 278. Latrines and urinals for labourers etc. 279. Provisions of latrines and urinals for markets etc. 280. Other provisions as to private latrines. 281. Removal of congested buildings. 282. Power of Commissioner require improvement of buildings unfit for human habitation. 283. Enforcement of notice requiring execution of works of improvement. 284. Power of Commissioner to order demolition of buildings unfit for human habitation. 285. Unsanitary huts and sheds. 286. Prohibition against washing by washer man. 287. Obligation to give information of dangerous disease. 288. Removal of patient to hospital suffering from dangerous disease. 289. Disinfections of buildings and articles. 290. Destruction of infection huts or sheds. 291. Means of disinfections. 292. Special measures in case of outbreak of dangerous or epidemic diseases. 293. Infected clothes not to be sent to washer man or to laundry. 294. Contamination and disinfections of public conveyances. 295. Driver of conveyance not bound to carry persons suffering from dangerous disease. 296. Disinfection of buildings before letting the same. [1994 : Hr. Act 16 MUNICIPAL CORPORATION 385 297. Disposal infected articles without disinfection. 298. Prohibition of making or selling of food, etc. or washing of clothes by infected persons. 299. Power to restrict or prohibit sale of food or drink. 300. Control over wells and tanks etc. 301. Duty of persons suffering from dangerous diseases. 302. Disposal of infectious corpse, where any person has died from any dangerous disease. 303. Conditions of service of Safai Karamcharis and certain other classes of persons employed in Corporation service. 304. Power to call for information regarding burning and burial ground. 305. Permission for use of new burning or burial ground. 306. Power to require closing of burning and burial ground. 307. Removal of corpses. 308. Disposal of dead animals. CHAPTER XVI PUBLIC SAFETY AND SUPPRESSION OF NUISANCES 309. Prohibition of Nuisances. 310. Power of Commissioner to require removal or abatement of nuisance. 311. Registration and control of dogs. 312. Stacking or collecting inflammab Ie materials. 313. Care of naked lights. 314. Discharging fire works, firearms etc. 315. Power to require buildings, wells etc. to be rendered safe. 316. Enclosure of waste land used for improper purposes. CHAPTERXVn EXTINCTION AND PREVENTION OF FIRE 3l7. Establishment and maintenance of fire-brigade. 318. Power of members of fire-brigades and other persons or suppression of fire. 319. Limitation on operation of this Chapter. 386 MUNICIPAL CORPORATION 1994 : Hr. Act 16] CHAPTER XVIII MARKETS, SLAUGHTERHOUSES, TRADES AND OUTPATIENTS 320. Provision of municipal markets and slaughter houses. 321. Use of Municipal markets. 322. Private markets and slaughter houses. 323. Conditions of grant oflicense for private market. 324. Prohibition of keeping markets open without licence etc. 325. Prohibition of use of unlicensed markets. 326. Prohibition of business and trade. 327. Levy of stallages, rents and fees. 328. Stallage rents etc. to be published. 329. Butcher's, fishmonger's and poulterer's license. 330. Factory etc. not to be established without permission of Commissioner. 331. Premises not to be used for certain purposes without license. 332. Seizure of certain animals. 333. Power of the Commissioner to prevent use of premises in particular area for purposes referred to in section 331. 334. Licenses for hawking articles etc. 335. Eating houses etc. not to be used without license from Commissioner. 336. Licensing and control of theatre, circuses and places of public amusement. 337. Power of Commissioner to stop use of premises used in contravention of licenses. 338. Power of Commissioner to inspect places where unlawful slaughter of animals etc. is suspected. CHAPTER XIX IMPROVEMENT 339. Improvement Scheme. 340. Matters to be provided for in an improvement scheme. 341. Submission of improvement scheme to the Corporation for approval and to the Government for sanction. 342. Publication of the notice after scheme is sanctioned. 343. Rehousing Scheme. [1994 : Hr. Act 16 MUNICIPAL CORPORATION 387 344. Improvement scheme and rehousing scheme to comply with master plan and zonal development plan. 345. Provision of housing accommodation for the economically weaker sections. CHAPTER XX DECLARATIONANDPUBLICATIONOFPLANSOFCONTROLLEDAREA 346. Declaration of controlled area. 347. Erection or re-erection of building etc. in controlled area. 348. Prohibition on use ofland in controlled area. 349. Application of permission or license and the grant of refusal thereof. 350. Appeal. 350A. Offences and penalties. 350B. Duty of police officers. 350C. Power to arrest. 350D. Effect of other laws. 351. Commissioner to carry out functions of the Director. 351A. Commissioner to carry out the functions of Director. CHAPTER XXI POWERS, PROCEDURE, OFFENCES AND PENALTIES 352. Signature, conditions, duration, suspension, revocation etc. of licenses and written permissions. 353. Power of entry and inspection. 354. Power to enter land, adjoining land in relation to any work. 355. Breaking into building. 356. Time of making entry. 357. Consent ordinarily to be obtained. 358. Regard to be had to social or religious usages. 359. Prohibition of obstruction or molestation in execution of work. 360. Public notice how to be made known. 361. Newspaper in which advertisement of notices to be published. 362. Proof of consent etc. of Commissioner etc. 363. Notices etc. to fix reasonable time. 364. Signature on notices etc. may be stamped. 365. Notice etc. by whom to be served or issued. 366. Service of notices etc. 367. Service of bills for tax or notice of demand by ordinary post. 388 MUNICIPAL CORPORATION 1994 : Hr. Act 161 368. Power in case of non-compliance with notice etc. 369. Liability of occupier to pay in default of owner. 370. Execution of work by occupier in default of owner and deduction of expenses from rent. 371. Relief to agents and trustees. 372. General power to pay compensation. 373. Compensation to be paid by offenders for damage caused by them. 374. Mode of recovery of certain dues. 375. Right of owner to apply to court of the District Judge in case of obstruction by occupier. 376. General powers and procedure of the court of District Judge. 377. Fees in proceeding before court of the District Judge. 378. Repayment of half fees on settlement before hearing. 379. Power of the court of District Judge to delegate certain powers and to make rules. 380. Punishment for certain offences. 381. General. 382. Offences by Companies. 383. Police establishment. 384. Arrest of offenders. 385. Power to institute etc. legal proceedings and obtain legal advice. 386. Prosecution. 387. Composition of offences. 388. Protection of action of the Corporation etc. 389. Notice to be given of suits. CHAPTERXXll RULES, REGULATIONS AND BYE-LAWS 390. Supplemental provisions respecting rules. 391. Supplemental provisions respecting regulations. 392. Power to make bye-laws. [1994 : Hr. Act 16 MUNICIPAL CORPORATION 389 393. Penalty for breaches of bye-laws. 394. Supplemental provisions respecting bye-laws. 395. Bye-laws to be available for inspection and purchase. CHAPTERxxm CONTROL 396. Power of Government to require production of documents. 397. Inspection. 398. Direction by Government. 399. Power to provide for enforcement of direction under section 398. 400. Dissolution of Corporation. CHAPTER XXIV MISCELLANEOUS 401. Delegation. 402. Validity of notices and other documents. 403. Admissibility of document or entry as evidence. 404. Evidence of Corporation officer or employee. 405. Prohibition against obstruction of Mayor or any Corporation authority etc. 406. Prohibition against removal of mark. 407. Prohibition against removal or obliteration. 408. Prohibition against unauthorized removal deposit etc. 408A. Power to evict persons from corporation premises/land. 408B. Appeal. 408C. Finality of order. 409. Liability of members. 410. Members and Corporation Officer and employees to be public servants. 411. Annual administration report. 412. Construction of reference. 413. Special provisions as to rural area. 414. Power of Government to suspend any resolution or order of Corporation. 390 MUNICIPAL CORPORATION 1994 : Hr. Act 161 415. Power of Government to modify proceedings. 416. Power of Government to withdraw any area of Municipal area from operation of Act. 417. Committee for Metropolitan planning. CHAPTER XXV TRANSITIONAL PROVISIONS, REPEALS AND SAVINGS PERTAINING TO FARIDABAD COMPLEX ADMINISTRATION 418. Transitional provisions. 419. Provision regarding staff ofFaridabad Complex Administration. 420. Power to remove difficulties. 421. Repeal and saving. CHAPTER XXVI GENERAL PROVISIONS WITH REGARD TO CORPORATION OTHER THAN THE CORPORATION OFFARIDABAD 422. Provisions regarding officer and employees. 423. Assets, Liabilities, obligations, contracts and pending proceedings. 424. Repeal. 425. Vailidation. First Schedule Second Schedule Third Schedule [1994 : Hr. Act 16 MUNICIPAL CORPORATION 391 'THE HARYANAMUNICIPALCORPORATION ACT, 1994 (HARYANAACTNO.160F 1994) (Received the assent of the President ofIndia on the 20th October, 1994 and was first published in the Haryana Government Gazette (Extraordinary), Legislative Supplement, Part 1 of the 22nd October, 1994.) 1 2 43 Year No. Short title Whether repealed or otherwise affected by Legislation 1994 16 The Haryana Municipal Corporation Act, 1994 Amended by HaryanaAct 4 of 1995 2 Amended by Haryana Act 3 of 1996 3 Amended by Haryana Act 19 of 1996 4 Amended by Haryana Act 11 of 1997 5 Amended by Haryana Act 18 of 1999 6 Amended by Haryana Act 2 of 2000 7 Amended by Haryana Act 9 of 2000 8 Amended by Haryana Act 15 of 2000 9 Amended by Haryana Act 9 of 2001 10 Amended by Haryana Act 12 of 2002" Amended by Haryana Act 22 of 2002 12 Amended by Haryana Act 15 of 2003 13 Amended by Haryana Act 24 of 2003 14 Amended by Haryana Act 20 of 2004 15 Amended by Haryana Act 27 of 2004 16 Amended by Haryana Act 9 of 2005 17 Amended by Haryana Act 1 of 2007 18 Amended by Haryana Act 13 of 2007 19 Amended by Haryana Act 34 of 2008 20 Amended by Haryana Act 8 of 2009 21 Amended by Haryana Act 22 of 2009" Amended by Haryana Act 20 of 20 10 23 Amended by Haryana Act 8 of 20 11 24 Amended by Haryana Act 21 of 20 12 25 Amended by Haryana Act 2 of 2013 26 Amended by Haryana Act 12 of 20 13 27 Amended by Haryana Act 12 of 20 14 28 Amended by Haryana Act 9 of 2015 29 Amended by Haryana Act 13 of 20 16 30 Amended by Haryana Act 14 of 20 1731 Amended by Haryana Act 3 1 of 20 1 7" Amended by Haryana Act 18 of 20 18 33 Amended by Haryana Act 28 of 20 18 34 Amended by Haryana Act 6 of 2019 35 Amended by Haryana Act 27 of 20 19 36 Amended by Haryana Act 34 of 20 19 37 392 MUNICIPAL CORPORATION 1994 : Hr. Act 16] 1. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the l l " September, 1994, Page 2195. 2. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 1" March, 1995, Page 317. 3. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 24th February, 1996, Page 444. 4. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 15 th November, 1997, Page 2362. 5. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 4th March, 1997, Page 509. 6. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 9 th February, 1999, Page 271. 7. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 13 th November, 1999, Page 2533. 8. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the S'" March, 2000, Page 475. 9. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 4th September, 2000, Page 1656. 10. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the S'" June, 2001, Page 922. II. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 29 th August, 2002, Page 1775. 12. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 28'h October, 2002, Page 2071. 13. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 3,d March, 2003, Page 657. 14. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 5'h September, 2003, Page 1922. 15. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 18'h June, 2004, Page 1132. 16. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 21" September, 2004, Page 2777. 17. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 9"' June, 2005, Page 2645. 18. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 20 tl, March, 2006, Page 527. 19. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 13'h March, 2007, Page 992. 20. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 31" August, 2008, Page 3956. 21. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 19 th February, 2009, Page 698. 22. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 30 th July, 2009, Page 2902. 23. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the pt September, 2010, Page 6697. 24. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 4th March, 2011, Page 797. 25. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 25 th August, 2012, Page 2943. 26. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 23'd February, 2013, Page 910. [1994 : Hr. Act 16 MUNICIPAL CORPORATION 393 27. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 8 th Spetember, 2013, Page 4136. 28. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 28 th February, 2014, Page 952. 29. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 2 nd September, 2015, Page 2254. 30. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 14th March, 2016, Page 4031. 31. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 6 tlt March, 2017, Page 559. 32. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the l S'" October, 2017, Page 4206. 33. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 12th March, 2018, Page 969. 34. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 9 th September, 2018, Page 2842. 35. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 27th December, 2018, Page 4127. 36. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 26 th February 2019, Page 908. 37. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 2 nd August, 2019, Page 2574. AN ACT to provide for the establishment of Municipal Corpora tations for certain municipal areas in the State of Haryana. Be it enacted by the Legislature of the State of Haryana in the Forty-fifth Year of the Republic ofIndia as follows:- CHAPTER! PRELIM1NARY 1. (1) This Act may be called the Haryana Municipal Corporation Short title, Act, 1994. extent and commencement. (2) It extends to the whole of the State of Haryana excluding the cantonment areas therein. (3) It shall be deemed to have come into force with effect from 31 st May, 1994. 2. In this Act, unless the context otherwise requires, - 1[(1) [xxxx] (1A) "budget grant" means the total sum entered on the expenditure side ofa budget estimate under a major head and adopted by the Corporation and includes any sum by which such budget-grant may be increased or reduced by transfer from or to other heads in accordance with the provisions of this Act and the regulations made thereunder; Definitions. Inserted by Haryana Act 24 of 2003 and further omitted by Haryana Act 21 of 2012 w.e.f. 01-04-2010. 394 MUNICIPAL CORPORATION 1994 : Hr. Act 161 (2) "building" means a shop, house, out-house, stable, latrine, urinal, shed, hut, well or any other structure whether of masonry, bricks, wood, mud, metal or other material and includes a well but does not include any portable shelter; (3) "bye-law" means a bye-law made under this Act, by notification in the Official Gazette; 1[(3A) "Collector's rate" means the value ofland assessed by the Deputy Commissioner every year by exercising his authority as District Collector for the purpose of assessing the value of stamp duty at the time of registration of sale deeds of land;] (4) "Commissioner" means the commissioner of the Corporation appointed by the State Government; 2[(4A) "competent authority" means the Joint Commissioner of Corporation;] (5) "Corporation" means the Municipal Corporation declared and constituted under sections 3 and 4 of this Act; (6) "Corrupt practice" means any of the practices specified in section 22; (7) "Casual Vacancy" means a vacancy occurring otherwise than by efflux of time in the office of a member or in any other elective office; (8) "dangerous disease" means- (a) cholera, plague, chicken-pox, small-pox, tuberculosis, leprosy, enteric fever, cerebrospinal, meningitis and diphtheria; and (b) any other epidemic, endemic or infectious disease which the Commissioner may, by notification in the Official Gazette, declare to be dangerous disease for the purposes of this Act; (9) "dry latrine" means a latrine or privey from where night soil is removed through manual scavenging; 3[(9A) "Director" means the Director, Urban Local Bodies Department, Haryana and includes any other officer for the time being appointed by the Government, by notification in the Ofifical Gezette, to exercise and perform all or any of the powers and functions of the Director under this Act and the rules made thereunder;] I. Inserted by Haryana Act 24 of 2003. 2. Inserted by Haryana Act I of 2007. 3. Inserted by Haryana Act 12 of 2014. [1994 : Hr. Act 16 MUNICIPAL CORPORATION 395 (10) "District Judge" means the District Judge having jurisdiction in the Municipal area; (11) "Divisional Commissioner" means the Commissioner of the Division in which the Corporation is situated any includes any other officer appointed by the Government to perform all or any of the functions of the Divisional Commissioner under this Act; (12) "drain" includes a sewer, a house drain, a drain of any other desciption, a tunnel, a culvert, a ditch, a channel and any other device for carrying of sewage, offensive matter, polluted water, waste water, rain water or subsoil water; (13) "district" means a district in the State; (14) "entertainment" includes any exhibition, performance, amusement, game or sport to which persons are ordinarily admitted on payment; (15) "factory" means a factory as defined in the Factories Act, 1948; (16) "filth" includes offensive matter and sewage; (17) "Finance Commission" means the Finance Commission constituted by the State Government under articles 243-1 and 243- Y of the Constitution ofIndia; (18) 'goods' includes animals; (19) "Government" means the Government of the State of Haryana; (20) "house-gully" or "service passage" means a passage or strip of land constructed, set a part or utilized for the purpose of serving as or carrying a drain or affording access to a latrine, urinal, cesspool or other receptacle for filth or other polluted matter, by Corporation employees or other persons employed in the cleaning thereof or in the removal of such matter therefrom; (21) "hut" means any building which is constructed principally of wood bamboo, mud, leaves, grass, cloth or thatch and includes any structure of whatever material made which the Corporation may declare to be a hut for the purposes of this Act; (22) "land" includes benefits that arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by law over any street; (23) "licensed architect", "licensed draftsmen", "licensed engineer", "licensed plumber", "licensed surveyor" and "licensed town planner" means respectively a person licensed under the provisions of this Act as an architect, draftsman, engineer, plumber, surveyor and town planner; 396 MUNICIPAL CORPORATION 1994 : Hr. Act 161 (24) "member" means a member of the Corporation l[ and includes the Mayor;] (25) "municipal drain" means a drain vested in the Corporation; (26) "municipal market" means a market vested in or managed by the Corporation; (27) "municipal slaughter house" means a slaughter house vested in or managed by the Corporation; (28) "municipal water works" means water works vested in the Corporation; (29) "Metropolitan area" means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more municipalities or panchayats or other contiguous areas, specified by the Government by notification in the Official Gazette to be the metropolitan area for the purposes of this Act; (30) "Municipal area" means the territorial area of the Corporation declared under section 3 of this Act; (31) "municipality" means an institution of self-government constituted under section 2A of the Haryana Municipal Act, 1973, which may be a Municipal Committee or a Municipal Councilor a Municipal Corporation; (32) "nuisance" includes any act, omission, place, animal or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep, or which is or may be dangerous to life or injurious to health or property; (33) "occupier" includes- (a) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable; (b) an owner in occupation of, or otherwise using his land or building; (c) a rent-free tenant of any land or building; (d) a licensee in occupation of any land or building; and (e) any person who is liable to pay to the owner damage for the use and any occupation of any land or building; 1. Added by Haryana Act 27 of 2019. [1994 : Hr. Act 16 MUNICIPAL CORPORATION 397 (34) 1[* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *] (35) "offensive matter" includes animal carcasses, kitchen or stable refuse dung, dirt and putrid or putrefying substances, other than sewage; 2[(36) "owner",- (a) when used with reference to any building and land, includes- (i) the person who receives the rent thereof or who would be entitled to receive the rent thereof if the same were let; (ii) an agent or trustee who receives such rent on account of the owner; (iii) an agent or trustee who receives the rent of or is entrusted with or concerned for, any premises devoted to religious or charitable purposes; (iv) a receiver, or manager, appointed by any court of competent jurisdiction to have the charge of, or to exercise the rights of an owner of the said premises; (v) a mortgagee in possession; and (b) when used with reference to any animal, vehicle or boat, includes the person for the time being in charge of the animal, vehicle or the boat;] (37) "premises" means any land or building or part of a building and includes - (a) the garden, ground and out-houses, ifany, appertaining to a building or part ofa building; and (b) any fitting affixed to a building or part of building for the more beneficial enjoyment thereof; (38) "prescribed" means prescribed by rules made under the Act; (39) "private street" means any street, which is not a public street and includes any passage securing access to two or more places belonging to the same or different owners; (40) "private market" means a market which is not a municipal market; (41) "private slaughter house" means a slaughter house which is not a municipal slaughter house; 1. Omitted by Haryana Act 2 of 2000. 2. Substituted by Haryana Act 24 of 2003. 398 MUNICIPAL CORPORATION 1994 : Hr. Act 16] (42) "public place" means any place which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not; (43) "public securities" means any securities of the Central Government or a State Government or any securities guaranteed by the Central Government or a State Government or any securities issued under this Act; (44) "public street" means any street which vests in the Corporation or which under the provisions of this Act becomes, or is declared to be a public street; (45) "population" means the population as ascertained at the last preceding census of which the relevant figures have been published; (46) "railway administration" would have the same meaning as assigned to it in the Indian Railways Act, 1890 (Act 9 of 1890); I[ (47) * * * * * * * * * * * * * * * * * * * * * *] (48) "regulation" means a regulation made by the Corporation under this Act, by notification in the Official Gazette; (49) "reside"- (a) a person shall be deemed to "reside" in any dwelling house which or some portion of which he sometimes, although not uninterruptedly, uses as sleeping apartment; and (b) a person shall not be deemed to cease to "reside" in any such dwelling house merely because he is absent from it or has elsewhere another dwelling house in which he resides, if there is, liberty of returning to it at any time, and no abandonment of the intention of returning to it; (50) "rubbish" includes ashes, broken bricks, broken glass, dust, malba, mortar and refuse of any kind which is not filth; (51) "rural areas" means the part of the Municipal area which immediately before their inclusion within the limits of the Municipal area were situated within the local limits of Gram Panchayat but shall not include such portion thereof as may, by virtue of a notification under section 413 ceases to be included in the rural areas as herein defined; 2[(51A) "Secretary" means the Secretary to Government, Haryana, Urban Local Bodies Department;] 1. Omitted by Haryana Act 24 of 2003. 2. Inserted by Haryana Act 12 of 2014. [1994 : Hr. Act 16 MUNICIPAL CORPORATION 399 (52) "sewage" means night-soil and other contents oflatrines, urinals, cesspools or drains and polluted water from sinks, bathrooms, stables, cattle sheds and other like places, and includes trade effluents and discharges from manufacturing of all kinds; 1[(52A) "Shamlat Deh" includes- (1) lands described in the revenue records as Shamlat Deh or Shamlat Tikkas; (2) lands described in the revenue records as Shamlat Tarafs, Pattis, Pannas or Tholas and used according to revenue records for common purposes or for the benefit of the community or a part thereof; (3) lands de
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